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1978 (11) TMI 92

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..... s common for all the years and hence for convenience a consolidated order is passed. 2. For all the three years the WTO issued a show cause notice to the assessee for non-filing of returns. But there was no compliance. Even the notice issued under s.14(2) for the years concerned was not completed with by the assessee. Opportunity was given again by the WTO in connection with the penalty matter, .....

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..... that there was no dispute regarding the default committed by the assessee and that the AAC was not justified in taking carelessness and ignorance on the part of the assessee to be a sufficient cause for the default. It is to be mentioned that before the AAC, Shri Sharma, Advocate appeared. It was submitted before the AAC that the assessee was a very old man at the relevant point of time and that .....

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..... e WTO should be restored. 5. None appears for the assessee when the case is called up. 6. We have looked into the matter alongwith the contentions and submissions of the Revenue, along with the facts of the case placed before us. We find that there is no dispute regarding failure on the part of the assessee to file his return of net wealth and the WTO completed the assessments for all the year .....

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..... limit, and hence no return was filed. 7. Furthermore penalty for non-filing of return of wealth-tax can only be ordered under s. 18(1)(a) of the WT Act. The section provides that penalty can be imposed if any person without reasonable cause has failed to furnish his return. When no wealth-tax return is field there should be a cause for such non-filing. It is incumbent on the part of the taxing a .....

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